MBR Acres Limited & Ors v John Curtin

MBR Acres Limited & Ors v John Curtin

Mr Curtin liable for trespass and interference with highway access by obstructing vehicles at Wyton Site; not liable for public nuisance, harassment, or drone trespass. Contra mundum injunction granted to restrain trespass and deliberate obstruction by persons unknown, but not for drone flying or public nuisance. Injunctions must target unlawful conduct directly, be clear, and avoid chilling lawful protest. Permission required before contempt applications against persons unknown.

Parties
Claimant: MBR Acres Limited; Claimant: Demetris Markou; Claimant: B & K Universal Limited; Claimant: Susan Pressick; Defendant: John Curtin; Defendant: Persons Unknown
Jurisdiction
England and Wales
Judgment Date
19 February 2025
Procedural Posture
Civil / Final Judgment
Outcome
Claim against Mr Curtin for trespass and interference with highway access upheld; claims for public nuisance, harassment, and drone trespass dismissed. Contra mundum injunction granted to restrain trespass and deliberate obstruction by persons unknown; other relief denied.
Legal Topics
Trespass, Public Nuisance, Harassment, Injunctions, Protest Law, Drone Trespass, Access to Highway, Contra Mundum Injunction
Civil Procedure Tort Law Public Order Human Rights Trespass Public Nuisance Harassment Injunctions +4 more

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Parties

MBR Acres Limited

Claimant

Demetris Markou

Claimant

B & K Universal Limited

Claimant

Susan Pressick

Claimant

John Curtin

Defendant

Persons Unknown

Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Whether protest activities at Wyton Site constitute trespass, public nuisance, interference with highway access, or harassment; Whether injunctions (including contra mundum) can restrain protest activities by persons unknown; Whether drone flying over Wyton Site amounts to trespass; Whether conduct by Mr Curtin amounts to harassment under Protection from Harassment Act

Ratio Decidendi

Mr Curtin liable for trespass and interference with highway access by obstructing vehicles at Wyton Site; not liable for public nuisance, harassment, or drone trespass. Contra mundum injunction granted to restrain trespass and deliberate obstruction by persons unknown, but not for drone flying or public nuisance. Injunctions must target unlawful conduct directly, be clear, and avoid chilling lawful protest. Permission required before contempt applications against persons unknown.

Court Disposition

Claim against Mr Curtin for trespass and interference with highway access upheld; claims for public nuisance, harassment, and drone trespass dismissed. Contra mundum injunction granted to restrain trespass and deliberate obstruction by persons unknown; other relief denied.

Orders

  • Injunction against Mr Curtin prohibiting physical trespass and direct, deliberate obstruction of vehicles at Wyton Site.
  • Contra mundum injunction prohibiting trespass and deliberate obstruction of vehicles at Wyton Site by persons unknown for 2 years.